Of all the different types of family law cases in Texas, CPS cases are among the most intimidating for parents. The idea of being investigated by the state of Texas for abuse or neglect of your children is a scary proposition to consider. There is so much uncertainty with the CPS case that heading into an investigation you are not only caught off guard but unsure of the outcome. Certainly, parents have horror stories about their experience with CPS. Your experience will depend on several factors we will outline today.
What does not help the situation is the many misnomers and untruths surrounding CPS cases. In today’s blog post from the Law Office of Bryan Fagan, we will discuss some of the more prevalent myths surrounding CPS cases. We discussed these myths not only to point them out to you but also to help you better understand what you can do to avoid falling into mistakes during your CPS case. What happened to a friend or neighbor in a CPS case does not need to happen to you. Rather, take this opportunity to learn more about the CPS case process and how it can impact your family.
Have questions about the CPS case? Contact the Law Office of Bryan Fagan today. Time is of the essence when you are involved in a CPS case. How quickly you begin to receive trustworthy information about your CPS case will largely determine the outcomes for your child and you.
Should you participate in a CPS investigation?
One of the major questions that parents ask at the beginning of a CPS case is whether to even become involved in the investigation. Picture this. You are minding your own business when one day a CPS investigator approaches your home and knocks on the door. Next, you answer the door and accepted their business card. You may have some understanding of what CPS is investigating. Or, you may have no clue about the alleged incident of abuse or neglect. At this point, your head is spinning, and you have far more questions than answers.
Of course, at this point, you can choose to simply not answer the door. CPS does have the ability to take more aggressive means to enter your home. However, at the initial contact, this likely is not going to be the case. Unless CPS has a warrant or court order to enter your home, they will not be able to do so. Theoretically, yes, you could always deny them admittance into your home.
However, this does not mean that the investigation comes to an end. Rather, CPS would either continue the investigation without contacting you or would seek a court order that allows them to gain more access to your life. As we are about to discuss, CPS also can remove your children from your home in certain circumstances. So, it is best to consider the specific circumstances you face. Additionally, being able to participate in a CPS investigation means that your opinion and voice are heard. Not participating means that you are shut out of the investigation altogether.
Myth #1: CPS can remove your child from your home without a court order
The one myth that tends to frighten and intimidate parents the most has to do with the ability of CPS to remove your child from the home. Removing your child from the home should not be viewed as a likely or even desirable option on the part of CPS. Rather, removing your child from the home will only occur in circumstances where your child’s safety or well-being is at risk. This should tell you that in most circumstances, CPS will usually err on the side of not removing your child from the home.
First, CPS will remove your child from the home as a result of an investigation in an emergency circumstance. This means that if CPS believes your child’s health or well-being is at immediate risk then the agency will take steps to remove your son or daughter from the home. These would be true emergency circumstances. The thought would be that your child would have to be at imminent risk of harm by remaining in the home. Only then would CPS remove your child without a court order. Law enforcement would usually be made available to assist with the removal of your child.
In most circumstances, CPS only removes your child with a court order. This means that CPS would have conducted an investigation that produced sufficient evidence to merit a removal. This removal does not mean that your child is permanently going to remain outside the home. Rather, it indicates that a range of outcomes is possible. The outcome of your case largely depends upon your actions. CPS works with parents to ensure that children are given the best chance for reunification.
Myth #2: CPS only becomes involved in situations involving severe abuse
On the other end of the spectrum, we have situations that involve a false sense of security with CPS. Some parents tend to believe that the agency will only investigate their family in egregious situations involving abuse. On the contrary, CPS investigates allegations made regarding abuse and neglect of children. Neglect means placing your child into or failing to remove your child from a situation where harm is foreseeable. Abuse means causing harm to your child- physical, emotional, or sexual. You do not need to see bruising for CPS to investigate your circumstances.
Rather, CPS will send an investigator or caseworker out to collect evidence for any report made to them that appears to have merit. Not every investigation leads to a finding. Some reports of abuse or neglect of children do not even result in a full investigation. However, if CPS determines that the report has merit then you can expect that an investigation will occur. How invasive or uncomfortable the investigation becomes is up to the circumstances of your case.
When you find yourself in a position where CPS is investigating your family there is no time to waste. You need immediate help to ensure that the outcome of your case does not adversely impact your family both now and in the future. The attorneys with the Law Office of Bryan Fagan know how difficult CPS cases and we walk hand in hand with our clients through these challenges. We advocate for our CPS case clients in the courtroom. Outside of court, we hold CPS accountable. You and your child deserve the best outcome possible in the CPS case. The Law Office of Bryan Fagan is here to help you achieve that.
Myth #3: CPS will always place children into foster care at the beginning of an investigation
Let’s suppose that CPS does take possession of your children during an investigation. We have already covered how this is not an incredibly likely scenario. However, let’s persist in our hypothetical that you have seen your child removed from your home. The question is what happens to the children next?
CPS has either been named as or will be named as, the primary caretaker of your children. Being named as the primary conservator of your children is a temporary designation. Final determinations on custody and conservatorship will be made later in the case. For now, CPS is the temporary managing conservator of your child. This allows CPS to not only make decisions on behalf of your child but also to physically place your child in a certain environment.
Yes, that could be with a foster family. However, CPS should work with you to see if there are family members who would be available to care for your child while in CPS custody. You should begin to think about any family members who may be suitable caretakers for your children. So long as they can pass a background check it is likely that CPS would place your child with a family member versus a foster care family.
Having a support system during the CPS case is important. If you are not able to provide CPS with information about extended family, then foster care becomes a greater likelihood. Do not shy away from talking to your family about your investigation. By communicating with them you build a sense of trust in your family that can pay dividends for your children during the CPS case.
Myth #4: Reporting Concerns to CPS will automatically result in a case being opened
The way that CPS responds to potential incidents of abuse or neglect of children is through its anonymous reporting hotline. The state of Texas allows anyone to make a report anonymously to Child Protective Services regarding potential incidents of abuse or neglect of children. These reports are anonymous so that there cannot be any retaliation for having contacted the agency regarding potential harm suffered by a child. The agency will go to great lengths to prevent you from knowing who exactly made the report of abuse and neglect initially.
Just because a report has been made to CPS about abuse or neglect does not mean that a full-fledged investigation will result. Rather, CPS will first look at the nature of the report. What information does the agency have to substantiate the report made? A serious allegation may be provided to CPS. However, is the allegation one that bears any semblance of reality within it? As in is the report trustworthy or is it so extreme as to not merit a full investigation? These are the questions that CPS will ask itself and its investigators. There are instances where CPS will determine that there is insufficient evidence or merit to the report to investigate.
At that point, you should not expect CPS to pursue an investigation regarding abuse or neglect. Again, there may be insufficient evidence to pursue the investigation. Or the agency may have another reason for not investigating the matter further. Whatever the case may be it is not a guarantee that CPS will open a case just because they have received a report of potential abuse or neglect. There must be merit in the report which leads them to believe that investigation is necessary.
Myth #5: Parents have no rights during a CPS investigation
For many parents, it can feel like they have no rights in a CPS investigation. Everything is seemingly done on the schedule of CPS. They determine which reports of abuse and neglect to investigate. The individual caseworker has a certain method to how they conduct the investigation. All the while, you were left with more questions than answers. Your child and your relationship with him hang in the balance.
However, CPS does not withhold any kind of rights from you as a parent. Until a court order says otherwise you maintain all the same conservatorship rights concerning your child that you held before the investigation. Additionally, at the beginning of a CPS case, the agency must provide you with a parent’s bill of rights. This is the statement telling you what your rights are during an investigation. You will have the right to be provided with updates in the case. You also have the right to advocate for yourself and your child.
With all of that said, it is still understandable that it feels like the scales of justice are tipped in the favor of CPS. If you do not want to feel like CPS holds all the cards in the investigation, then it is a great idea for you to reach out to the Law Office of Bryan Fagan. Our attorneys know what you are going through because we have walked with so many parents in your shoes. We offer free of charge consultations for any parent who has a question about their rights in a CPS case.
Myth #6: CPS cases are final and cannot be challenged
There are almost always opportunities to challenge or appeal decisions made in CPS cases. Beginning with the CPS case itself, there are a series of hearings that must occur before your child ultimately is either removed from the home or reunited with you in your home. On each occasion, there is notice provided as to the date and time of this hearing. In these hearings, you are given the opportunity to speak to the judge about the investigation and any steps you have taken to help bring your child home. Issues that you may have with CPS can also be discussed in these hearings.
Additionally, it is also possible to appeal the results of a CPS case. As you may imagine, having an experienced family law attorney to help guide you during this process is important. Understanding the process involved with an appeal is not something that comes naturally to most people. As a result, you are better off with an attorney who understands the law. There are time constraints and deadlines to meet when it comes to an appeal. An attorney can help you to make each deadline and file documents correctly the first time.
Myth #7: CPS decisions are always made in the best interests of your child
In a family court, the best interest of your child is what matters the most. CPS must be guided by the best interests of your child when making decisions for them. Please note that CPS can only make decisions on behalf of your child in a circumstance where they have conservatorship rights. Otherwise, CPS cannot weigh in on any decision impacting your child.
Even though CPS is required by law to make decisions based on the best interests of your child that does not mean that they necessarily always do. Sometimes, CPS makes mistakes. In a situation where the agency has made a mistake, you can address that subject with them directly. Talk to the CPS agent and their supervisor. Help them to better understand your concerns about the case. There may be essential points of information that they are unaware of. It is up to you to provide them with that information to better make decisions for your child.
Ultimately, you as the parents know better than CPS regarding the best interests of your child. To advocate for yourself and your child most effectively it helps to be represented by counsel. The attorneys with the Law Office of Bryan Fagan appreciate you choosing to spend part of your day with us here on our blog. We know the stresses and anxieties that come with a CPS case. Our attorneys worked tirelessly on behalf of our clients and their families. Please reach out to us today with any questions you may have about this blog post.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
